6 Colo. Code Regs. § 1011-1 Chapter 26, pt. 3

Current through Register Vol. 47, No. 16, August 25, 2024

Part 3 - [Effective 7/1/2024] PLACEMENT AGENCIES

3.1 Registration

(A) It is unlawful for a person to conduct or maintain a home care placement agency without a valid, current home care placement agency registration issued by the Department.

(B) A person who violates any part of this section is:

(1) Guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $50, nor more than $500; and

(2) May be subject to a civil penalty assessed by the Department of up to $10,000 for each violation. The penalty shall be assessed, enforced, and collected in accordance with Article 4 of Title 24, C.R.S., and any penalties collected by the Department shall be transferred to the state treasurer for deposit in the general fund.

3.2 Criminal History Record Check

(A) The home care placement agency shall require any provider seeking placement to submit to a criminal history record check to ascertain whether the provider applying has been convicted of a felony or misdemeanor, which felony or misdemeanor involves conduct that the agency determines could pose a risk to the health, safety, or welfare of home care consumers.

(B) The criminal history record check shall, at a minimum, include a search of criminal history in the State of Colorado and be conducted not more than ninety (90) days prior to placement of the provider.

(C) The cost of such inquiry shall be paid by either the home care placement agency or the individual seeking placement.

(D) In assessing whether to refer a provider with a felony or misdemeanor conviction, the home care placement agency shall consider the following factors:

(1) The history of convictions or pleas of guilty or no contest;

(2) The nature and seriousness of the crimes;

(3) The time that has elapsed since the conviction(s);

(4) Whether there are any mitigating circumstances; and

(5) The nature of the position for which the provider would be referred.

(E) The home care placement agency shall develop and implement policies and procedures regarding the referral of any provider who is convicted of a felony or misdemeanor to ensure that the provider being referred does not pose a risk to the health, safety, and welfare of the home care consumer.

3.3 Disclosures

(A) The home care placement agency shall provide a written disclosure notice to the home care consumer concerning the duties and employment status of the individual(s) providing services.

(B) The disclosure notice, in the form and manner prescribed by the Department, shall be signed by the consumer or authorized representative before the start of services and shall include, at a minimum, the following information:

(1) That the home care placement agency is not the employer of any provider it refers to a home care consumer; and

(2) That the home care placement agency does not direct, control, schedule, or train any provider it refers.

(C) The home care placement agency shall maintain proof that disclosures have been provided before referring a provider to a home care consumer.

3.4 Inspections

(A) The Department may inspect, as it deems necessary, a home care placement agency's records on weekdays between 9 a.m. and 5 p.m. to ensure that the home care placement agency is in compliance with the criminal history record check, general liability insurance, and disclosure requirements.

(1) The home care placement agency shall retain its records for a period of seven (7) years and those records shall be readily available to the Department during inspections.

(B) The Department shall make inspections as it deems necessary to ensure that the health, safety, and welfare of a home care placement agency's home care consumers are being protected. Inspections of a home care consumer's home are subject to the consent of the consumer to access the property.

3.5 Plan of Correction

For purposes of this chapter, a plan of correction against a registered home care placement agency shall be completed in accordance with 6 CCR 1011-1, Chapter 2, Part 2.10.4(B).

3.6 Intermediate Restrictions or Conditions

(A) The Department may impose intermediate restrictions or conditions on a home care placement agency that may include at least one of the following:

(1) Retaining a consultant to address corrective measures;

(2) Monitoring by the Department for a specific period;

(3) Providing additional training to personnel, owners, or operators of the home care placement agency;

(4) Complying with a directed written plan to correct the violation; or

(5) Paying a civil fine not to exceed $10,000 per calendar year for all violations.

(B) If the Department imposes an intermediate restriction or condition that is not the result of a serious and immediate threat to health, safety, or welfare, the Department shall provide the home care placement agency with written notice of the restriction or condition. No later than ten (10) calendar days after receipt of the notice, the home care placement agency shall submit a written plan that includes the time frame for completing the directed plan that addresses the restriction or condition specified.

(C) If the Department imposes an intermediate restriction or condition that is the result of a serious and immediate threat to health, safety, or welfare, the Department shall notify the home care placement agency in writing, by telephone, or in person during an on-site visit.

(1) The home care placement agency shall remedy the circumstances creating the harm or potential harm immediately upon receiving notice of the restriction or condition.

(2) If the Department provides notice of a restriction or condition by telephone or in person, the Department shall send written confirmation of the restriction or condition to the home care placement agency within two (2) business days.

(D) After submission of an approved written plan, the home care placement agency may appeal any intermediate restriction or condition to the Department through an informal review process as specified by the Department.

(E) If the Department imposes an intermediate restriction or condition that requires payment of a civil fine, the home care placement agency may request and the Department shall grant a stay in payment of the fine until final disposition of the restriction or condition.

(F) If a home care placement agency is not satisfied with the result of the informal review or chooses not to seek informal review, no intermediate restriction or condition shall be imposed until after the opportunity for a hearing has been afforded the home care placement agency pursuant to Section 24-4-105, C.R.S.

3.7 Enforcement and Disciplinary Sanctions

(A) For purposes of this chapter, enforcement activities against a registered home care placement agency shall comply with 6 CCR 1011-1, Chapter 2, Part 2.11.

(B) If the Department suspends, revokes, or refuses to renew a home care placement agency registration, the home care placement agency shall be removed from the registry maintained by the Department pursuant to Section 25-27.5-103(2)(a)(I), C.R.S.

3.8 Registration Procedure

(A) An applicant for an initial or renewal home care placement agency registration shall provide the Department with a complete application including all information and attachments specified in the application form and any additional information requested by the Department. Each application shall include, at a minimum, the following:

(1) A non-refundable annual registration fee of $939.69. Registrations will be valid for one year from the date of issue.

(2) Evidence of general liability insurance coverage that covers the home care placement agency and the providers it refers to home care consumers. Such coverage shall be maintained for the duration of the license period. The minimum amount of coverage is $100,000 per occurrence and $300,000 aggregate.

(3) The legal name of the entity and all other names used by it to provide home care placement services. The applicant has a continuing duty to notify the Department of all name changes at least thirty (30) calendar days prior to the effective date of the change.

(4) Contact information for the entity including mailing address, telephone and facsimile numbers, e-mail address, and website address, as applicable.

(5) The identity of all persons and business entities with a controlling interest in the home care placement agency, including administrators, directors, and managers.

(B) With the submission of an application for registration or within ten (10) calendar days after a change in the owner, manager, or administrator, each owner, manager or administrator of a home care placement agency shall submit a complete set of their fingerprints to the Colorado Bureau of Investigation for the purpose of conducting a state and national fingerprint-based criminal history record check.

(1) Each owner, manager, or administrator is responsible for paying the fee established by the Colorado Bureau of Investigation for conducting the criminal history record check.

(2) If the owner, manager, or administrator of the home care placement agency has been convicted of a felony or of a misdemeanor which felony or misdemeanor involves conduct that the Department determines could pose a risk to the health, safety, or welfare of the home care placement agency's consumers, the Department will not approve the application for registration.

6 CCR 1011-1 Chapter 26, pt. 3

47 CR 10, May 25, 2024, effective 7/1/2024